1-3-58.
Whenever the term "ward" is used, it shall be liberally
construed and held to include any and all persons under every form of legal
disability, including, but not limited to, the disabilities of
minority, mental retardation, mental illness, unsound mind, alcoholism,
addiction to drugs, and convicted felons.

7-1-5.
In addition to the powers conferred and duties imposed on the Governor
by the constitution and by the laws as elsewhere provided, he shall have the
powers and perform the duties following * * *:

(a)
He is the supreme executive officer of the state.

(b)
He is the commander in chief of the militia of the state and may call
out the militia to execute the laws, to suppress insurrections or riots, and to
repel invasions.

(c)
He shall see that the laws are faithfully executed.

(d)
He is to supervise the official conduct of all executive and ministerial
officers.

(e)
He is to see that all offices are filled and the duties of the
offices are performed or, in default thereof, apply such remedy as the law
allows; and if the remedy is inadequate, he shall inform the
Legislature * * * at its
next session.

(f)
He shall make appointments and fill vacancies as prescribed by law.

(g)
Whenever any suit or legal proceeding is pending that affects the title of the state to
any property, or that may result in any claim against the state, he may
direct the Attorney General to appear on behalf of the state and protect its
interest.

(h)
He may require the Attorney General, or district attorney of any
district, to inquire into the affairs or management of any corporation existing
under the laws of this state, or doing business in this state under the laws of
the state.

(i)
He may require the Attorney General to aid any district attorney in the
discharge of his duties.

(j)
He may offer rewards, not exceeding Two Hundred Dollars ($200.00), for persons
with mental illness who have escaped * * *and are dangerous, and such other rewards as are authorized by law.

(k)
He may require any officer or board to make special reports to him upon
demand in writing.

(l)
He shall transact all necessary business with state officers, shall
require them to be present at their respective offices at all reasonable
business hours, and may require information, in writing, from any such officer
relating to the duties of his office.

(m)
When deemed advisable upon proceedings for the arrest in this state of
fugitives from justice from other states or countries, he may commission a
special officer to arrest the fugitive in any part of the state.

(n)
He may bring any proper suit affecting the general public interests, in
his own name for the State of Mississippi, if after first requesting the proper
officer so to do, the * * *
officer * * * refuses
or neglects to do the same.

11-5-49.
In proceedings in matters testamentary and of administration, in minors'
business, and in cases of persons with mental retardation, persons with
mental illness and persons of unsound mind, as provided for by law, no
answer shall be required to any petition or application of any sort.Such a petition or application
shall not be taken as confessed because of the lack of an answer,
but every petition, application, or account shall be supported by the proper
evidence and may be contested without an answer. All such proceedings shall be as summary, as the statutes
authorizing and regulating them contemplate; however, when either of the
parties having a controversy in court as to any of those several matters
* * * requires and
the court * * * sees
proper, it may direct plenary proceedings by bill or petition, to which there
shall be an answer on oath or affirmation. If an adult or sane party refuses to answer as to any
matter alleged in the bill or petition and proper for the court to decide upon,
the * * * party refusing
may be attached, fined, and imprisoned at the discretion of the court, and the
matter set forth in the bill or petition shall be taken as confessed and a
decree shall be made accordingly.

11-5-113.
All the provisions of this chapter on the subject of sales shall apply
to all sales of real estate under any decree in the chancery court made in
matters testamentary and of administration, minors' business, cases of persons
with mental retardation, persons with mental illness and persons of unsound
mind, of partition, and all other matters.

11-5-117.
(1) In addition to the law now
in force authorizing the chancery court to decree the sale of land and personal
property, the chancery court and the chancellor in vacation are authorized in
all matters providing for a sale or lease of real and personal property,
including matters testamentary and of administration, minor's business, persons
with mental illness, partition and receivers, to order or decree the sale
or lease of real and personal property or any interest in the property,
including timber, oil, gas and minerals, at private sale, under such terms and
conditions as the chancellor may impose. If all of the terms of sale are made certain by the order or
decree, a deed or lease executed in full compliance with the order or decree
shall become immediately effective without further confirmation by the court or
chancellor.

(2)
This section shall not be construed to invalidate any proceedings previously
done in conformity with this section.

11-51-101.
(1) The state and any county or
municipality of the state, and the officials representing the state, county
or municipality, in any suit or action, and any state, county or
municipal officer who is a party to any suit or action in his official
character, in which suit or action the state, county or municipality is
beneficially interested, and the several incorporated charitable or educational
institutions established and maintained by the state, and all corporate
instrumentalities wholly owned by the United States government, shall be
entitled to appeal from a judgment, decree, decision or order of any court or
judge from which an appeal may be taken without prepayment of costs in the
lower court; however, * * *
the cost of the preparation of the record of the proceedings in the trial court
shall be prepaid. In any such case, if
a supersedeas is allowed and desired, a bond for supersedeas shall not be
required.

(2)
Any person who is a party to a suit or action in his individual capacity,
which suit arises from allegedly tortious actions and deeds committed by him
during the time he was a member, trustee, director, superintendent, official or
employee, as the case may be, of the Department of Corrections, the
State Penitentiary or the state psychiatric hospitals or
institutions, and which allegedly tortious acts and deeds were committed by
the person in the performance of his duties or employment, shall be entitled to
appeal from a judgment, decree, decision or order of any court or judge from
which an appeal may be taken without prepayment of costs in the lower court,
including the costs of the preparation of the record of the proceedings in the
trial court. In those cases, if
a supersedeas is allowed and desired, a bond for supersedeas shall not
be required. The provisions of this
section shall not apply to any such judgment, decree, decision or order in
favor of the State of Mississippi.

19-5-43.
The boards of supervisors in their respective counties shall temporarily
provide for the care and maintenance of any person alleged to have mental
illness when the person has no means of paying that expense,
pending an investigation into the mental status of the person alleged to
have mental illness before the chancery clerk of the county, and
provide for the care and maintenance of those persons by the sheriff of
their respective counties after being adjudged as a person with mental
illness by the properly constituted authority, when there is no room in one(1) of the state psychiatric hospitals or institutions for the person
with mental illness. The boards
shall cause all reasonable and proper allowance for that care and
maintenance to be paid out of the county treasury.

19-7-31.
The board of supervisors of each county in the state shall have power,
by an appropriate order or orders on its minutes, to establish and maintain in
the county courthouse or other suitable public building adjacent or near
thereto, a public county law library under such rules, regulations and
supervision as it may from time to time ordain and establish, and to that end,
the board may accept gifts, grants, donations or bequests of money, furniture,
fixtures, books, documents, maps, plats or other property suitable for that
purpose.

The board of supervisors shall have power
to exchange or sell duplicate volumes or sets of any such books or furniture,
and in case of sale, to invest the proceeds in other suitable books or
furniture. The * * * board may also purchase or lease from time to time
additional books, furniture, or equipment for the public law library.

For the purpose of providing suitable
quarters for the public law library, the * * * board of supervisors may, in its discretion, expend
such sums as may be deemed necessary or proper for that purpose, and may
also employ a suitable person as librarian and pay the law librarian
such salary as the board, in its discretion, may determine. The board may employ additional librarians
or other employees on either a part-time or full-time basis and may pay these
additional employees as the board, in its discretion, may determine. The board of supervisors, in their
discretion, may contract with the county or municipal library for any staff or
facilities as they deem necessary for the overall management and operation of
the county law library. The board of
supervisors may contract with the State Law Library for law library services
that may be offered by the State Law Library.

In case the public law library is
so established, all books, documents, furniture and other property then
belonging to the county library, as provided for in Section 19-7-25, shall be
transferred to and become part of the public law library, and all books,
documents and publications * * *
donated by the state to the county library shall also become a part of the
public law library. * * * In that case, Sections 19-7-25 and 19-25-65,
relating to the county library, shall be superseded in that county for as long as the public law
library is maintained in the county.

The board of supervisors of any such county
* * *, in its discretion, may
levy, by way of resolution, additional court costs not exceeding Two Dollars
and Fifty Cents ($2.50) per case for each case, both civil and criminal, filed
in the chancery, circuit and county courts or any of these in the
county, and may levy, by way of resolution, additional court costs not
exceeding One Dollar and Fifty Cents ($1.50) per case for each case, both civil
and criminal, filed in the justice courts of the county, for the
support of the library * * *
authorized in the county. If the
additional court costs * * *
authorized in this section are
levied, the clerk or judge of those courts shall collect those
costs for all cases * * *
filed in his court and forward same to the chancery clerk, who shall
deposit the same in a special account in a county depository for support and
maintenance of the library, and the chancery clerk shall be accountable for
those funds. However, no such levy
shall be made against any cause of action the purpose of which is to commit any
person with mental illness, alcoholic or narcotic addict to any
institution for custodial or medical care, and no such tax shall be collected
under this subsection on any cause of action that the proper clerk handling
same deems to be in its very nature charitable and in which cause the
clerk has not collected his own legal fees.

To accomplish the purposes of this section,
the board of supervisors may enter into such arrangement or arrangements
with the county bar association of any such county as may seem advisable for
the care and operation of the law library, and the board
may receive and consider, from time to time, such recommendations as the bar
association may deem appropriate regarding
the library.

The board of supervisors of each county in
which there are two (2) judicial districts * * *,
in its discretion, may maintain a law library in each judicial district. In those counties the board * * *, in its discretion, may
pay from the county general fund or from the special fund * * * authorized in this section all the costs * * * authorized in this section, provided that
the board shall not spend in each judicial district less than the amount of the
special court costs authorized in this section and collected in each
such district.

The governing authorities of any
municipality * * *, in
their discretion, by resolution duly adopted and entered on their official
minutes, may levy additional court costs not exceeding One Dollar and
Fifty Cents ($1.50) per case for each conviction in the municipal court of the
municipality, for the support and maintenance of the county law library
in the county within which the municipality is located. The additional costs shall be collected by
the clerk of the court, forwarded to the chancery clerk of the county for
deposit in a special account in the county depository, and expended for support
and maintenance of the county law library in the same manner and in accordance
with the same procedure as provided for costs similarly collected in the
chancery, circuit, county and justice courts of the county.

23-15-11.
Every inhabitant of this state, except a person adjudicated to be non
compos mentis, who is a citizen of the United States of America, eighteen
(18) years old and upwards, who has resided in this state for thirty (30) days
and for thirty (30) days in the county in which he seeks to vote, and for
thirty (30) days in the incorporated municipality in which he seeks
to vote, and who has been duly registered as an elector under
Section 23-15-33, and who has never been convicted of any crime listed in
Section 241, Mississippi Constitution of 1890, shall be a qualified elector in
and for the county, municipality and voting precinct of his residence, and
shall be entitled to vote at any election.
Any person who will be eighteen (18) years of age or older on or before
the date of the general election and who is duly registered to vote not less
than thirty (30) days before the primary election associated with the
general election, may vote in the
primary election even though the person has not reached his or her
eighteenth birthday at the time that the person seeks to vote at the
primary election. No others than those specified
in this section shall be entitled, or shall be allowed, to vote at any
election.

(a)
Grand jurors and petit jurors in the chancery, county, circuit and
special eminent domain courts shall be paid an amount to be set by the board of
supervisors, not to be less than Twenty-five Dollars ($25.00) per day and not
to be greater than Forty Dollars ($40.00) per day, plus mileage authorized in
Section 25-3-41. In the trial of all
cases where jurors are in charge of bailiffs and are not permitted to separate,
the sheriff with the approval of the trial judge may pay for room and board of
jurors on panel for actual time of trial.

No grand juror shall receive any
compensation except mileage unless he has been sworn as provided by
Section 13-5-45; and no petit juror except those jurors called on special
venires shall receive any compensation authorized under this subsection except
mileage unless he has have been sworn as provided by Section 13-5-71.

(b)
Jurors making inquisitions of mental retardation, mental illness
or * * * unsound mind
and jurors on coroner's inquest shall be paid Five Dollars ($5.00) per day plus
mileage authorized in Section 25-3-41 by the county treasurer on order of the
board of supervisors on certificate of the clerk of the chancery court in which
such inquisition is held.

(c)
Jurors in the justice courts shall be paid an amount of not less than
Ten Dollars ($10.00) per day and not more than Fifteen Dollars ($15.00) per
day, to be established by the board of supervisors. In all criminal cases in the justice court in which the
prosecution fails, the fees of jurors shall be paid by the county treasurer on
order of the board of supervisors on certificate of the county attorney in all
counties that have county attorneys, otherwise by the justice court judge.

(2)
Any juror may return the fees provided as compensation for service as a
juror to the county that paid for the person's service as a
juror. The fees returned to the county
may be earmarked for a particular purpose to be selected by the juror,
including:

29-1-101.
The Secretary of State, for and on behalf of the state, may
convey an easement or easements for the construction and maintenance of
pipelines in, on, under, and across all of the state land owned (including that
submerged or wherever the tide may ebb and flow) now or hereafter acquired,
excepting, however, state highway rights of way, sixteenth section school land,
lieu lands, and * * *
forfeited tax land and property the title to which is subject to any lawful
redemption, and excepting the state land comprising the old asylum property
located in the City of Jackson, * * *
property of the Department of Mental Health, the Parchman Penitentiary
property located in Sunflower County, Mississippi, and all other Penitentiary
property, to any person, firm, or corporation constructing or operating a
refinery for the refining of oil, gas, or petroleum products in the state, or
to any person, firm, or corporation transporting by pipeline any substance to
or from any such refinery in this state, for such consideration as the
Secretary of State deems just and proper, which shall be subject to
approval by the Secretary of State, the Governor, and the
Attorney General of the state, for easements in, on, under, and across the
state-owned land.

31-11-3.
(1) The Department of Finance
and Administration, for the purposes of carrying out the provisions of this
chapter, in addition to all other rights and powers granted by law, shall have
full power and authority to employ and compensate architects or other employees
necessary for the purpose of making inspections, preparing plans and
specifications, supervising the erection of any buildings, and making any
repairs or additions as may be determined by the Department of Finance and
Administration to be necessary, under the rules and regulations of the
State Personnel Board. The department
shall have entire control and supervision of, and determine what, if any,
buildings, additions, repairs or improvements are to be made under the
provisions of this chapter, subject to the approval of the Public Procurement
Review Board.

(2)
The department shall have full power to erect buildings, make repairs,
additions or improvements, and buy materials, supplies and equipment for any of
the institutions or departments of the state subject to the approval of the
Public Procurement Review Board. In
addition to other powers conferred, the department shall have full power and
authority as directed by the Legislature, or when funds have been appropriated
for its use for these purposes, to:

(a)
Build a state office building;

(b)
Build suitable plants or buildings for the use and housing of any state
schools or institutions, including the building of plants or buildings for new
state schools or institutions, as provided for by the Legislature;

(c)
Provide state aid for the construction of school buildings;

(d)
Promote and develop the training of returned veterans of the United
States in all sorts of educational and vocational learning to be supplied by
the proper educational institution of the State of Mississippi, and in so doing
allocate monies appropriated to it for these purposes to the Governor for use
by him in setting up, maintaining and operating an office and employing a state
director of on-the-job training for veterans and the personnel necessary in
carrying out Public Law No. 346 of the United States;

(e)
Build and equip a hospital and administration building at the
Mississippi State Penitentiary;

(f)
Build and equip additional buildings and wards at the Boswell
Retardation Center;

(g)
Construct * * *
sewage disposal and treatment plants at the state psychiatric
hospitals or institutions, and in so doing, acquire additional
land as may be necessary, and to exercise the right of eminent domain in the
acquisition of this land;

(h)
Build and equip the Mississippi central market and purchase or acquire
by eminent domain, if necessary, any lands needed for this purpose;

(i)
Build and equip suitable facilities for a training and employing center
for the blind;

(j)
Build and equip a gymnasium at Columbia Training School;

(k)
Approve or disapprove the expenditure of any money appropriated by the
Legislature when authorized by the bill making the appropriation;

(l)
Expend monies appropriated to it in paying the state's part of the cost
of any street paving;

(m)
Sell and convey state lands when authorized by the Legislature, cause those
lands to be properly surveyed and platted, execute all deeds or other legal
instruments, and do any and all other things required to effectively carry out
the purpose and intent of the Legislature.
Any transaction that involves state lands under the provisions of
this paragraph shall be done in a manner consistent with the provisions of
Section 29-1-1;

(n)
Collect and receive from educational institutions of the State of
Mississippi monies required to be paid by these institutions to the state in
carrying out any veterans' educational programs;

(o)
Purchase lands for building sites, or as additions to building sites,
for the erection of buildings and other facilities that the department
is authorized to erect, and demolish and dispose of old buildings, when
necessary for the proper construction of new buildings. Any transaction that involves state
lands under the provisions of this paragraph shall be done in a manner
consistent with the provisions of Section 29-1-1;

(p)
Obtain business property insurance with a deductible of not less than
One Hundred Thousand Dollars ($100,000.00) on state-owned buildings under the
management and control of the department; and

(q)
In consultation with and approval by the Chairmen of the Public Property
Committees of the Senate and the House of Representatives, enter into contracts
for the purpose of providing parking spaces for state employees who work in the
Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers
Office Building. The provisions of this
paragraph (q) shall stand repealed on July 1, 2006.

(3)
The department shall survey state-owned and state-utilized buildings to
establish an estimate of the costs of architectural alterations under
the Americans With Disabilities Act of 1990, 42 USCS, Section 12111 et
seq. The department shall establish
priorities for making the identified architectural alterations and shall make
known to the Legislative Budget Office and to the Legislature the required cost
to effectuate those alterations.
To meet the requirements of this subsection, the department shall
use standards of accessibility that are at least as stringent as any applicable
federal requirements and may consider:

(a)
Federal minimum guidelines and requirements issued by the United States
Architectural and Transportation Barriers Compliance Board and standards issued
by other federal agencies;

(b)
The criteria contained in the American Standard Specifications for
Making Buildings Accessible and Usable by the Physically Handicapped and any
amendments thereto as approved by the American Standards Association,
Incorporated (ANSI Standards);

(c)
Design manuals;

(d)
Applicable federal guidelines;

(e)
Current literature in the field;

(f)
Applicable safety standards; and

(g)
Any applicable environmental impact statements.

(4)
The department shall observe the provisions of Section 31-5-23, in
letting contracts and shall use Mississippi products, including paint, varnish
and lacquer that contain as vehicles tung oil and either ester gum or
modified resin (with rosin as the principal base of constituents), and
turpentine shall be used as a solvent or thinner, where these products are
available at a cost not to exceed the cost of products grown, produced,
prepared, made or manufactured outside of the State of Mississippi.

(5)
The department shall have authority to accept grants, loans or donations
from the United States government or from any other sources for the purpose of
matching funds in carrying out the provisions of this chapter.

(6)
The department shall build a wheelchair ramp at the War Memorial
Building that complies with all applicable federal laws, regulations and
specifications regarding wheelchair ramps.

(7)
The department shall review and preapprove all architectural or
engineering service contracts entered into by any state agency, institution,
commission, board or authority regardless of the source of funding used to
defray the costs of the construction or renovation project for which services
are to be obtained. The provisions of
this subsection (7) shall not apply to any architectural or engineering
contract paid for by self-generated funds of any of the state institutions of
higher learning, nor shall they apply to community college projects that are
funded from local funds or other nonstate sources that are outside the
Department of Finance and Administration's appropriations or as directed by the
Legislature. The provisions of this
subsection (7) shall not apply to any construction or design projects of the
State Military Department that are funded from federal funds or other nonstate
sources.

(8)
The department shall have the authority to obtain annually from the
state institutions of higher learning information on all building, construction
and renovation projects including duties, responsibilities and costs of any
architect or engineer hired by any of those institutions.

(9)
(a) As an alternative to other
methods of awarding contracts as prescribed by law, the department may use the
design-build method or the design-build bridging method of contracting for new
capital construction projects to be used as a pilot program for the following
projects:

(i) Projects for the Mississippi Development Authority under
agreements between both governmental entities;

(ii) Any project with an estimated cost of not more than Ten Million
Dollars ($10,000,000.00), not to exceed two (2) projects per fiscal year; and

(iii) Any project that has an estimated cost of more than Fifty
Million Dollars ($50,000,000.00), not to exceed one (1) project per fiscal
year.

(b)
As used in this subsection:

(i) "Design-build method of
contracting" means a contract that combines the design and construction
phases of a project into a single contract and the contractor is required to
satisfactorily perform, at a minimum, both the design and construction of the
project.

(ii) "Design-build bridging method of
contracting" means a contract that requires design through the design
development phase by a professional designer, after which a request for
qualifications for design completion and construction is required for the
completion of the project from a single contractor that combines the balance of
design and construction phases of a project into a single contract. The contractor is required to satisfactorily
perform, at a minimum, both the balance of design and construction of the
project.

(c) The department shall establish detailed
criteria for the selection of the successful design-build/design-build bridging
contractor in each request for design-build/design-build bridging
proposals. The request for
qualifications evaluation of the selection committee is a public record and
shall be maintained for a minimum of three (3) years after project completion.

(d) The department shall maintain detailed
records on projects separate and apart from its regular record keeping. The department shall file a report with
the Legislature evaluating the design-build/design-build bridging method of
contracting by comparing it to the low-bid method of contracting. At a minimum, the report must include:

(i) The management goals and objectives for the
design-build/design-build bridging system of management;

(ii) A complete description of the components of
the design-build/design-build bridging management system, including a
description of the system the department put into place on all projects managed
under the system to insure that it has the complete information on building
segment costs and to insure proper analysis of any proposal the department
receives from a contractor;

(iii) The accountability systems the department
established to monitor any design-build/design-build bridging project's
compliance with specific goals and objectives for the project;

(iv) The outcome of any project or any interim
report on an ongoing project let under a design-build/design-build bridging
management system showing compliance with the goals, objectives, policies and
procedures the department set for the project; and

(v) The method used by the department to select
projects to be let under the design-build/design-build bridging system of
management and all other systems, policies and procedures that the department
considered as necessary components to a design-build/design-build bridging
management system.

(e) All contracts let under the provisions of
this subsection shall be subject to oversight and review by the State Auditor.

35-5-31.
(1) Whenever, in any proceeding
under the laws of this state for the commitment of a person alleged to be a person
with mental illness, person with mental retardation, or otherwise of
unsound mind, or otherwise in need of confinement in a hospital or other
institution for his proper care, it is determined after the adjudication of the status of the
person as may be required by law that commitment to a state psychiatric
hospital or institution or other institution is necessary for
safekeeping or treatment, and it appears that the person is
eligible for care or treatment by the Veterans Administration or other agency
of the United States government, the court, upon receipt of a certificate from
the Veterans Administration or such other agency showing that facilities are available
and that the person is eligible for care or treatment in those
facilities, may commit the person to the Veterans
Administration or other agency. The
person whose commitment is sought shall be personally served with notice of the
pending commitment proceeding in the manner provided by the law of this state;
and nothing in this section shall affect his right to appear and be heard in
the proceedings. Upon commitment, the
person, when admitted to any facility operated by the Veterans Administration or
other agency within or without this state shall be subject to the rules and
regulations of the Veterans Administration or other agency. The chief officer of any facility of the
Veterans Administration or institution operated by any other agency of the United
States to which the person is so committed shall, with respect to the
person, be vested with the same powers as superintendents of state psychiatric
hospitals or institutions within this state with respect to retention of
custody, transfer, parole or discharge.
Jurisdiction is retained in the committing or other appropriate court of
this state at any time to inquire into the mental condition of the person so
committed, and to determine the necessity for continuance of his restraint, and
all commitments under this section are so conditioned.

(2)
The judgment or order of commitment by a court of competent jurisdiction
of another state or of the District of Columbia, committing a person to the
Veterans Administration or other agency of the United States government for
care or treatment, shall have the same force and effect as to the committed
person while in this state as in the jurisdiction in which is situated the
court entering the judgment or making the order, and the courts of the
committing state or of the District of Columbia shall be deemed to have
retained jurisdiction of the person so committed for the purpose of inquiring
into the mental condition of the person and of determining the necessity
for continuance of his restraint, as is provided in subsection (1) of
this section with respect to persons committed by the courts of this
state. Consent is * * * given to the application of the law of the
committing state or District of Columbia in respect to the authority of the
chief officer of any facility of the Veterans Administration or of any
institution operated in this state by any other agency of the United States to
retain custody, or transfer, parole or discharge the committed person.

(3)
Upon receipt of a certificate of the Veterans Administration or such
other agency of the United States that facilities are available for the care or
treatment of any person * * *
committed to a state psychiatric hospital or * * * institution * * * or for the care or
treatment of persons similarly afflicted, and that the person is
eligible for care or treatment, the superintendent of the state psychiatric
hospital or institution may
cause the transfer of the person to the Veterans Administration or other
agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper
officer of the court shall be notified of the transfer by the transferring agency. No person shall be transferred to the
Veterans Administration or other agency of the United States if he is
confined because of conviction of any felony or misdemeanor or if he has
been acquitted of the charge solely on the ground of insanity, unless before
transfer, the court or other authority originally committing the
person * * * enters
an order for the transfer after appropriate motion and hearing.

Any person transferred as provided in this
section shall be deemed to be committed to the Veterans Administration or other
agency of the United States under the original commitment.

41-17-3.
The state psychiatric hospital and institution established at
Meridian by the Act of March 8, 1882, shall continue to exist as a body politic
and corporate, under the name of the "East Mississippi State
Hospital," with all the privileges conferred and the duties enjoined by
law. It may hold and use, as required
by law, all the property, real and personal, belonging to or that
may be given to it for the purposes of its establishment.

41-17-11.
The directors of the state institutions listed in Section 41-7-73
each may receive any monies that the United States government may
offer as federal aid in taking care of and giving special attention to those
persons who served with the Armed Forces of the United States during time of
war * * * and who are now
in or may hereafter be in any of those state institutions. Each of those directors may
expend that part of the money paid to him or his institution,
according to his best judgment and the requirements of the United States
government under which the money is received.

43-31-35.
If any person commanding a ship, vessel, steamboat, or other watercraft
imports into this state, or brings to the shores or within the
limits thereof, any infant, person with mental illness, maimed, aged or
infirm person or vagrant who is likely to become chargeable on the county, on the
requisition of the supervisor of the district or the mayor of any municipality, the captain, master, or
commander of the ship, vessel, steamboat, or other watercraft
shall enter into bond with sufficient sureties, payable to the county,
conditioned to indemnify the county against all charges that may be
incurred in the support and care of that person. Any captain, master, or commander failing or
refusing to give the bond required shall forfeit and pay to the county the sum
of Two Hundred Dollars ($200.00) for each infant, person with mental illness,
maimed, aged, or infirm person or vagrant so brought into the state, to be
recovered by action.

67-1-83.
(1) It shall be unlawful for any
permittee or other person to sell or furnish any alcoholic beverage * * * to any person who is
visibly intoxicated, or to any person who is known to habitually drink
alcoholic beverages to excess, or to any person who is known to be an habitual
user of narcotics or other habit-forming drugs. It shall also be unlawful for the holder of any package
retailer's permit to sell any alcoholic beverages except by delivery in person
to the purchaser at the place of business of the permittee.

(2)
It shall be unlawful for any permittee or other person to sell or
furnish any alcoholic beverage to any person to whom the commission has, after
investigation, decided to prohibit the sale of those beverages because
of an appeal to the commission so to do by the husband, wife, father, mother,
brother, sister, child, or employer of the person. The interdiction in those cases shall
last until removed by the commission, but no person shall be held to have
violated this subsection unless he has been informed by the commission, by
registered letter, that it is forbidden to sell to that individual or
unless that fact is otherwise known to the permittee or other
person.

(3)
It shall be unlawful for any holder of a package retailer's permit, or
any employee or agent thereof, engaged solely in the business of package retail
sales under this chapter to sell or furnish any alcoholic beverage before 10:00
a.m. and after 10:00 p.m. or to sell alcoholic beverages on Sunday and
Christmas Day.

(4)
Any person who * * *
violates any of the provisions of this section shall be guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not more than
Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term
of not more than six (6) months or by both that fine and imprisonment,
in the discretion of the court. In
addition, the commission shall immediately revoke the permit of any
permittee who violates the provisions of this section.

67-3-53. In addition to any act declared to be
unlawful by this chapter, or by Sections 27-71-301 through 27-71-347, and
Sections 67-3-17, 67-3-27, 67-3-29 and 67-3-57, it shall be unlawful for the
holder of a permit authorizing the sale of beer or light wine at retail or for
the employee of the holder of such a permit:

(a) To sell or give to be consumed in or upon
any licensed premises any beer or light wine between the hours of midnight and
seven o'clock the following morning or during any time the licensed premises
may be required to be closed by municipal ordinance or order of the board of
supervisors; * * *
however, in areas where the sale of alcoholic beverages is legal under the
provisions of the Local Option Alcoholic Beverage Control Law and the hours for
selling those alcoholic beverages have been extended beyond midnight for
on-premises permittees under Section 67-1-37, the hours for selling beer or
light wines are likewise extended in areas where the sale of beer and light
wines is legal in accordance with the provisions of this chapter.

(b) To sell, give or furnish any beer or light
wine to any person visibly or noticeably intoxicated, * * * or to any habitual drunkard, or to any person under
the age of twenty-one (21) years.

(c) To permit in the premises any lewd, immoral
or improper entertainment, conduct or practices.

(d) To permit loud, boisterous or disorderly
conduct of any kind upon the premises or to permit the use of loud musical
instruments if either or any of the same may disturb the peace and quietude of
the community in which the business is located.

(e) To permit persons of ill repute, known
criminals, prostitutes or minors to frequent the licensed premises, except
minors accompanied by parents or guardians, or under proper supervision.

(f) To permit or suffer illegal gambling or the
operation of illegal games of chance upon the licensed premises.

(g)
To receive, possess or sell on the licensed premises any beverage of any
kind or character containing more than five percent (5%) of alcohol by weight
unless the licensee also possesses an on-premises permit under the Local Option
Alcoholic Beverage Control Law.

73-19-23.
(1) The board shall refuse to
grant a certificate of licensure to any applicant and may cancel, revoke or
suspend the operation of any certificate by it granted for any or all of the
following reasons * * *: unprofessional and unethical conduct or the
conviction of a crime involving moral turpitude, habitual intemperance in the
use of ardent spirits, or stimulants, narcotics, or any other substance that
impairs the intellect and judgment to such an extent as to incapacitate one for
the performance of the duties of an optometrist. The certificate of licensure of any person can be revoked for
violating any section of this chapter.

(2)
The board shall further be authorized to take disciplinary action
against a licensee for any unlawful acts, which shall include violations
of regulations promulgated by the board, as well as the following acts:

(a)
Fraud or misrepresentation in applying for or procuring an optometric
license or in connection with applying for or procuring periodic renewal of an
optometric license.

(b)
Cheating on or attempting to subvert the optometric licensing
examination(s).

(c)
The conviction of a felony in this state or any other jurisdiction, or
the entry of guilty or nolo contendere plea to a felony charge.

(d)
The conviction of a felony as defined by federal law, or the entry of a
guilty or nolo contendere plea to a felony charge.

(e)
Conduct likely to deceive, defraud or harm the public.

(f)
Making a false or misleading statement regarding his or her skill or the
efficacy or value of the medicine, device, treatment or remedy prescribed by
him or her or used at his or her direction in the treatment of any disease or
other condition.

(g)
Willfully or negligently violating the confidentiality between doctor and
patient, except as required by law.

(h)
Negligence or gross incompetence in the practice of optometry as
determined by the board.

(i)
Being found to be a person with mental illness or mental retardation
by any court of competent jurisdiction.

(j)
The use of any false, fraudulent, deceptive or misleading statement in
any document connected with the practice of optometry.

(k)
Aiding or abetting the practice of optometry by an unlicensed,
incompetent or impaired person.

(l)
Commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's practice of optometry.

(m)
Being addicted or habituated to a drug or intoxicant.

(n)
Violating any state or federal law or regulation relating to a drug
legally classified as a controlled substance.

(o)
Obtaining any fee by fraud, deceit or misrepresentation.

(p)
Disciplinary action of another state or jurisdiction against a licensee
or other authorization to practice optometry based upon acts or conduct by the
licensee similar to acts or conduct that would constitute grounds for
action as defined in this chapter, a certified copy of the record of the action
taken by the other state or jurisdiction being conclusive evidence thereof.

(q)
Failure to report to the board the relocation of his or her office in or
out of the jurisdiction, or to furnish floor plans as required by regulation.

(r)
Violation of any provision(s) of the Optometry Practice Act or the rules
and regulations of the board or of an action, stipulation or agreement of the
board.

(s)
To advertise in a manner that tends to deceive, mislead or defraud the
public.

(t)
The designation of any person licensed under this chapter, other than by
the terms "optometrist," "Doctor of Optometry" or
"O.D."

(u)
To knowingly submit or cause to be submitted any misleading, deceptive
or fraudulent representation on a claim form, bill or statement.

(v)
To practice or attempt to practice optometry while his or her license is
suspended.

(3)
Any person who is holder of a certificate of licensure or who is an
applicant for examination for a certificate of licensure, against whom is
preferred any charges, shall be furnished by the board with a copy of the
complaint and shall have a hearing in Jackson, Mississippi, before the board,
at which hearing he may be represented by counsel. At the hearing, witnesses may be examined for and
against the accused respecting those
charges, and the hearing orders or appeals will be conducted according
to the procedure now provided in Section 73-25-27. The suspension of a certificate of licensure by reason of the use
of stimulants or narcotics may be removed when the holder of the certificate
has been adjudged by the * * *
board to be cured and capable of practicing optometry.

(4)
In addition to the reasons specified in subsections (1) and (2) of this
section, the board shall be authorized to suspend the license of any licensee
for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license
for being out of compliance with an order for support, and the procedure for
the reissuance or reinstatement of a license suspended for that purpose, and
the payment of any fees for the reissuance or reinstatement of a license suspended
for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the
case may be. If there is any conflict
between any provision of Section 93-11-157 or 93-11-163 and any provision of
this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may
be, shall control.

81-5-33.
Banks may accept and execute all such trusts and perform such duties of
every description as may be committed to them by any person or corporation or
that may be committed or transferred to them by order of any court of
record. They may receive money in
trust, take and accept by grant, assignment, transfer, devise or bequest, and
hold any real or personal estate or trusts created according to the laws of
this or any other state or of the United States, and execute those legal
trusts in regard to the same, on such terms as may be directed or agreed upon * * *.They may act as agent for the investment
of money or the management of property for other persons, and as agent for
persons and corporations for the purpose of issuing, registering, transferring
or countersigning the certificates of stock, bonds or other evidences of debt
of any corporation, association, municipality, state, county or public
authority on such terms as may be agreed upon.
They also may act as guardian for any minor or * * * person with mental illness under the
appointment of any court of record having jurisdiction of the person or estate
of the minor or * * * person with mental
illness and may act as administrator or executor of the estate of any
deceased person. They may act as agent
or attorney in fact and as commissioner for the sale of property, both real and
personal, and may act as assignee or receiver, or as trustee in mortgages or
bond issues, or in any other fiduciary capacity authorized by law. They may accept trust funds or other
property upon specially agreed terms and pay or deliver the same to the owners,
beneficiaries or others, as the case may be, when and as the same should be
paid or delivered according to the terms of the trust agreement under which it
is held. Whenever under the laws of
this or any other state or under the rule or order of any court, the execution
of a bond for the protection of a private or court trust is required, a
trust company shall be authorized to execute the bond for the protection
of any trust or trust estate being administered by it.

Banking corporations created, organized and
doing business under the laws of the State of Mississippi may exercise, without
amendment of their charters, and under their charter authority to engage in the
general business of banking, all or any of the foregoing powers. However, before any bank whose charter
merely authorizes the exercise of general banking functions may exercise
those powers, the
previous written consent of the Commissioner of Banking and Consumer Finance
shall be obtained.

Banks exercising any or all of those
powers shall segregate all assets held in any fiduciary capacity from the
general assets of the bank and shall keep a separate set of books and records
showing in proper detail all transactions engaged in under the authority of
this section or under the authority * * *
granted to them in their charter or otherwise.
Those books and records shall be inspected and examined by the
state bank examiners at each and every examination of the bank.

No bank shall receive in its trust
department deposits of current funds subject to check or the deposit of checks,
drafts, bills of exchange or other items for collection or exchange
purposes. Funds deposited or held in
trust by the bank awaiting investment or distribution shall be carried in a
separate account and shall not be used by the bank in the conduct of its business,
unless it * * * first sets
aside in the trust department United States bonds or bonds of the State of
Mississippi or any subdivision of the state, the market value of which
shall at all times be not less than ten percent (10%) in excess of the total
funds so held, exclusive of the portion of funds insured by the Federal Deposit
Insurance Corporation.

In the event of the failure or liquidation
of the bank, the owners of the funds held in trust for investment or
distribution shall have a prior lien on the bonds or other securities so set
apart in addition to their claim against the assets of the bank.

In any case in which the laws of this state
require that one acting as trustee, executor, administrator or in any fiduciary
capacity must take an oath or make an affidavit, the president, vice
president, cashier or trust officer of a bank may take the necessary oath or
execute the necessary affidavit.

In making investments of trust funds,
it shall be unlawful for any bank to purchase securities from itself or to
purchase securities in which it may be interested, directly or indirectly. However, any bank, including a national
bank, authorized to do business in this state in a fiduciary capacity may,
unless prohibited or otherwise limited by the instrument governing the
fiduciary relationship, in the exercise of its investment discretion or at the
direction of another person authorized to direct the investment of funds held
by the bank as fiduciary, invest and reinvest in the securities of, or other
interests in, any open-end or closed-end management type investment company or
investment trust registered under the Investment Company Act of 1940, 15 USCS
Section 80a-1, et seq., as amended, notwithstanding that the banking
institution or affiliate of the banking institution provides services to
the investment company or investment trust, such as that of an investment
advisor, custodian, transfer agent, registrar, sponsor, distributor, manager or
otherwise, and receives reasonable remuneration for those services, so long as
the total compensation paid by the trust or custodial estate as trustee's fees
and mutual fund fees is reasonable, taking into account the nature and extent
of the trustee's duties, the nature and extent of the services provided to the
investment company or investment trust, and the total compensation, costs and
fees that would otherwise be paid, directly or indirectly, by the trust or
custodial estate if the investment were made in an investment company or
investment trust for which the bank or its affiliates provided no
services. With respect to any funds so
invested, the banking institution shall make available by statement,
prospectus or otherwise to all current income beneficiaries of an account the
basis, expressed as a percentage of asset value or otherwise, upon which the
remuneration is calculated. No bank
shall lend to any officer, director or employee of the bank any funds
held in trust by it, and any officer, director or employee making a
loan, or to whom such a loan is made, shall be guilty of a felony and,
upon conviction, may be fined not more than Five Thousand Dollars
($5,000.00) or imprisoned in the State Penitentiary for not more than five (5)
years, or by both that fine and imprisonment, in the discretion of the
court.

81-27-6.307. (a) A limited liability
trust company organized under this article is dissolved on:

(1)
The expiration of the period fixed for the duration of the limited liability
trust company;

(2)
A vote to dissolve or the execution of a written consent to dissolve by
all full liability participants, if any, and a sufficient number of other
participants that combined with all full liability participants hold at least
two-thirds (2/3) of the participation shares in each class in the association,
or a greater fraction as provided by the articles of association;

(3)
Except as provided by the articles of association, the death, adjudication
of incompetence, expulsion, bankruptcy, retirement, or resignation of a
participant unless a majority in interest of all remaining participants elect
in writing not later than the ninetieth day after the date of the event to
continue the business of the association; or

(4)
The occurrence of an event of dissolution specified in the articles of
association.

(b)
A dissolution under this section is considered to be the initiation of a
voluntary liquidation under Subarticle B of Article 7 of this chapter.

(c)
An event of dissolution described by subsection (a)(3) of this section
does not cancel or revoke a contract to which the state trust company is a
party, including a trust indenture or agreement or voluntary dissolution under
Subarticle B of Article 7 of this chapter, until the period for the remaining
participants to continue the business of the state trust company has expired
without the remaining participants having completed the necessary action to
continue the business of the state trust company.

89-1-29.
A conveyance, mortgage, deed of trust or other incumbrance upon a
homestead exempted from execution shall not be valid or binding unless signed
by the spouse of the owner if the owner is married and living with the
spouse. But where the spouse of the
owner of the homestead exempted from execution has been adjudicated
incompetent, then the owner of the homestead, may file a petition in the
chancery court and allege in the petition the incompetence of the spouse and the
adjudication of incompetency of the spouse * * * and the facts of the case. The summons for the spouse who has been
adjudicated incompetent shall be issued and be served in the same manner as
process is served in other cases on * * *
persons who are incompetent. The
court shall hear the case in vacation or in termtime as in other cases, and if
the court finds the spouse to be incompetent and the owner entitled to
relief, the court by decree shall authorize and empower the owner to execute a
conveyance, mortgage, deed of trust or other incumbrance upon the homestead
without the signature of the spouse.
However, no mortgage or deed of trust executed in favor of the Farmers
Home Administration at the time of the purchase of real estate to secure the
payment of the money used to purchase the real estate shall be invalid because
it is not signed by the spouse of the owner.

93-1-5.
It shall be unlawful for the circuit court clerk to issue a marriage
license until the following conditions precedent have been complied with:

(a)
Parties desiring a marriage license shall make application for the
license in writing to the clerk of the circuit court of any county in the
State of Mississippi; * * *
however, * * * if the
female applicant is under the age of twenty-one (21) years and is
a resident of the State of Mississippi, the application shall be made to
the circuit court clerk of the county of residence of the female
applicant. The application shall
be immediately filed with the circuit court clerk and shall include the
names, ages and addresses of the parties applying; the names and addresses of
the parents of the parties applying, and if no parents, then names and
addresses of the guardian or next of kin; the signatures of witnesses; and any
other data that may be required by law or the * * * State Board of Health. The application shall be sworn to by both
applicants.

(b)
The application shall remain on file, open to the public, in the office
of the circuit court clerk for a period of three (3) days before the clerk is
authorized to issue the marriage license. * * * However, * * *
if satisfactory proof is furnished to the judge of any circuit, chancery or county
court that sufficient reasons exist, then the judge of any such court in the
judicial district where either of the parties resides if they are
over the age of twenty-one (21) years, or where the female resides if she is
under the age of twenty-one (21), may waive the three-day waiting period and by
written instrument authorize the clerk of the court to issue the marriage
license to the parties if they are otherwise qualified by law. Authorization shall be a part of the
confidential files of the clerk of the court, subject to inspection only by
written permission of the judge. If
either of the applying parties appears from the evidence to be under twenty-one
(21) years of age, the circuit court clerk, immediately upon filing the
application, shall cause notice of the filing of the application to be sent by prepaid certified mail to
the father, mother, guardian or next of kin of both applying parties at the
address named in the application.

(c)
An affidavit showing the age of both applying parties shall be made by
either the father, mother, guardian or next of kin of each of the contracting
parties and filed with the clerk of the circuit court along with the
application; or in lieu thereof, * * *
both applying parties shall appear in person before the circuit court clerk and
make and subscribe an oath in person, which * * *
affidavit shall be attached to and noted on the application for the
marriage license. In addition to either
of the previous conditions stated, further proof of age shall be presented to
the circuit court clerk in the form of either a birth certificate, baptismal
record, armed service discharge, armed service identification card, life
insurance policy, insurance certificate, school record, driver's license, or
other official document evidencing age.
The document substantiating age and date of birth shall be
examined by the circuit court clerk before whom application is made, and the
circuit court clerk shall retain in his file with the application the
document or a certified or photostatic copy of the document.

(d)
The clerk shall not issue a marriage license under the provisions of
this section unless the male applicant is at least seventeen (17) years of age
and the female is at least fifteen (15) years of age; * * * however, * * *
if satisfactory proof is furnished to the judge of any circuit, chancery or
county court that sufficient reasons exist and that the parties desire
to be married to each other and that the parents or other person in loco
parentis of the person or persons so under age consent to the marriage,
then the judge of any such court in the county where either of the
parties resides may waive the minimum age requirement and by written instrument
authorize the clerk of the court to issue the marriage license to the parties
if they are otherwise qualified by law.
Authorization shall be a part of the confidential files of the clerk of
the court, subject to inspection only by written permission of the judge.

(e)
A medical certificate dated within thirty (30) days before the application shall be presented
to the circuit court clerk showing that the applicant is free from syphilis, as
nearly as can be determined by a blood test performed in a laboratory approved
by the State Board of Health. The
medical certificate may be obtained through the local health department by the
applicant or applicants, or it may be obtained through any private laboratory
approved by the State Board of Health. The
medical certificate shall be examined by the circuit court clerk and filed in a
permanent file kept by the clerk for this purpose.

(f)
In no event shall a license be issued by the circuit court clerk when it
appears to the circuit court clerk that the applicants are, or either of them
is, drunk or a person with mental illness or mental retardation, to the
extent that the clerk believes that the person does not understand the nature
and consequences of the request.

Any circuit clerk shall be liable under his
official bond because of noncompliance with the provisions of this section.

Any circuit court clerk who issues a
marriage license without complying with the provisions of this section shall be
guilty of a misdemeanor and, upon conviction, shall be punished
by a fine of not less than Fifty Dollars ($50.00) and not more than Five
Hundred Dollars ($500.00).

93-5-1.
Divorces from the bonds of matrimony may be decreed to the injured party
for any one or more of the following twelve (12) causes * * *:

First.
Natural impotency.

Second.
Adultery, unless it should appear that it was committed by collusion of
the parties for the purpose of procuring a divorce, or unless the parties
cohabited after a knowledge by complainant of the adultery.

Third.
Being sentenced to any penitentiary, and not pardoned before being sent
there.

Fourth.
Willful, continued and obstinate desertion for the space of one (1)
year.

Fifth.
Habitual drunkenness.

Sixth.
Habitual and excessive use of opium, morphine or other like drug.

Seventh.
Habitual cruel and inhuman treatment.

Eighth.
Mental illness or mental retardation at the time of marriage, if
the party complaining did not know of that infirmity.

Ninth.
Marriage to some other person at the time of the pretended marriage
between the parties.

Tenth.
Pregnancy of the wife by another person at the time of the marriage, if
the husband did not know of the pregnancy.

Eleventh.
Either party may have a divorce if they are related to each other
within the degrees of kindred between whom marriage is prohibited by law.

Twelfth.
Incurable mental illness.
However, no divorce shall be granted upon this ground unless the * * * party with mental
illness has been under regular treatment for mental illness and
causes thereof, confined in an institution for persons with mental illness
for a period of at least three (3) years immediately preceding the commencement
of the action. * * * However, * * *
transfer of a party with mental illness to his or her home for
treatment or a trial visit on prescription or recommendation of a licensed
physician, which treatment or trial visit proves unsuccessful after a bona fide
effort by the complaining party to effect a cure, upon the reconfinement of the * * * party with
mental illness in an institution for persons with mental illness,
shall be regular treatment for mental illness and causes thereof, and
the period of time so consumed in seeking to effect a cure or while on a trial
visit home shall be added to the period of actual confinement in an institution
for persons with mental illness in computing the required period of
three (3) years confinement immediately preceding the beginning of the
action. No divorce shall be granted
because of mental illness until after a thorough examination of the
person with mental illness by two (2) physicians who are recognized
authorities on mental diseases. One of
those physicians shall be either the superintendent of a
state psychiatric hospital or institution or a veterans
hospital for persons with mental illness in which the patient is
confined, or a member of the medical staff of that hospital or
institution who has had the patient in charge. Before incurable mental illness can be successfully proven
as a ground for divorce, it shall be necessary that both of those
physicians make affidavit that the patient is a * * * person with mental illness at the time
of the examination, and both affidavits shall be made a part of the
permanent record of the divorce proceedings and shall create the prima facie presumption
of incurable mental illness, such as would justify a divorce based on
that ground. Service of process
shall be made on the superintendent of the hospital or institution in
which the defendant is a patient. If
the patient is in an hospital or institution outside the state,
process shall be served by publication, as in other cases of service by
publication, together with the sending of a copy by registered mail to the
superintendent of the hospital or institution. In addition * * *, process shall be served upon the next blood
relative and guardian, if any. If
there is no legal guardian, the court shall appoint a guardian ad litem to
represent the interest of the * * *
person with mental illness. The
relative or guardian and superintendent of the hospital or institution
shall be entitled to appear and be heard upon any and all issues. The status of the parties as to the support
and maintenance of the * * *
person with mental illness shall not be altered in any way by the
granting of the divorce.

However, in the discretion of the chancery
court, and in those cases as the
court may deem it necessary and proper, before any such decree is granted on
the ground of incurable mental illness, the complainant, when ordered by
the court, shall enter into bond, to be approved by the court, in such an
amount as the court may think just and proper, conditioned for the care and
keeping of the person with mental illness during the remainder of
his or her natural life, unless the person with mental illness
has a sufficient estate in his or her own right for that purpose.

93-5-15.
From and after March 15, 1934, any marital contract previously or hereafter solemnized by and
under which parties have been duly and legally married, and one (1) of the
parties to the marriage contract has * * *
become or becomes mentally ill to such an extent that it is necessary
for a guardian to be appointed for that party, and the other party to the marital contract
has committed any act that constitutes ground for divorce under
the present laws, the guardian for the party with mental illness
to the contract of marriage
shall have the right to file a bill as the guardian, in the name of his ward, for the dissolution of the
marriage, in the same way and manner and at the same place and on the same
process that the person with mental illness could have done, if
he had * * * not become
mentally ill.

93-7-3.
A marriage may be annulled for any one (1) of the following causes
existing at the time of the marriage ceremony * * *:

(a)
Incurable impotency.

(b)
Adjudicated mental illness or incompetence of either or both
parties. Action of a spouse who
has been adjudicated mentally ill or incompetent may be brought by guardian,
or in the absence of a guardian, by next friend, provided that the
suit is brought within six (6) months after marriage.

(c)
Failure to comply with the provisions of Sections 93-1-5 through
93-1-9 when any marriage affected by that failure has not been followed
by cohabitation.

Or, in the absence of ratification:

(d)
When either of the parties to a marriage is incapable, from want
of age or understanding, of consenting to any marriage, or is incapable
from physical causes of entering into the marriage state, or where the consent
of either party has been obtained by force or fraud, the marriage shall
be void from the time its nullity is declared by a court of competent
jurisdiction.

(e)
Pregnancy of the wife by another person, if the husband did not know of the
pregnancy.

Suits for annulment under paragraphs
(d) and (e) shall be brought within six (6) months after the ground for
annulment is or should be discovered, and not thereafter.

The causes for annulment of marriage set
forth in this section are intended to be new remedies and shall in no way
affect the causes for divorce declared elsewhere to be the law of the State of
Mississippi as they presently exist or as they may from time to time be
amended.

93-13-123.
The chancery court of any county in which may be situated the property
or any part of the property, or debt due to, or right of action of any
person who has been adjudicated to be incompetent by proper proceedings in another state, or
of a citizen of this state * * *
who is incompetent and is confined out of this state in a psychiatric
hospital or institution, shall have jurisdiction to appoint a guardian of
the estate of the person who
is incompetent. The chancery court
of the county of residence of those persons shall likewise have that
jurisdiction.

93-13-121.
In any case where a guardian has been appointed for an adult person by a
court of competent jurisdiction of any state, and the adult
thereafter, at the time of filing the petition provided for in this section, is
a resident of this state and is incompetent to manage his or her estate, the
chancery court of the county of the domicile of the adult shall have
jurisdiction and authority to appoint a guardian for the incompetent
adult upon the conditions * * *
specified in this section; however, infirmities of old age shall not be
considered elements of infirmities.

The petition for the appointment of a
guardian under the provisions of this section shall be filed by the incompetent
person or his guardian in the office of the clerk of the chancery court in
the county of the residence of the incompetent person and process shall
be served as provided in Section 93-13-281, unless joined in by that person or
those persons * * *
prescribed in that section.

Upon the return day of the process, the
chancellor, if in vacation, or the court, if in termtime, shall cause the
applicant to appear in person and then and there examine the applicant
and all interested parties, and if, after the examination,
the chancellor in vacation or the court in termtime is of the opinion
that the applicant is incompetent to manage his or her estate, then it shall be
the duty of the court to appoint a guardian of the estate of the
applicant; * * *
however, * * * in no
instance shall the court have authority to appoint a guardian under the
provisions of this section unless it * * *
examines the applicant in person and finds after the
examination that the applicant is incompetent to manage his or her
estate.

A guardian appointed under the provisions
of this section shall be required to make and file annual accounts of his acts
and doings as in case of guardians for * * *
persons with mental illness.

93-13-131.
The chancery court of the county in which an habitual drunkard, habitual
user of cocaine, opium or morphine resides may appoint a guardian to him on the
application of a relative or friend.When an application for appointment of a guardian is presented, if
the court is satisfied there is probable grounds for the appointment,
it shall direct a writ to the sheriff, commanding him to summon the person
alleged to be an habitual drunkard, habitual user of cocaine, or opium or
morphine. On return of the summons
executed, the court shall examine the question and determine whether the person
is an habitual drunkard, habitual user of cocaine, opium or morphine,
and for that purpose may summon and hear witnesses, orally or by deposition,
and hear the parties and their evidence.
If the court is satisfied that the person is an habitual
drunkard, habitual user of cocaine, opium or morphine, it shall appoint a
guardian to take care of him and his estate, both real and personal, and the
costs of the inquisition shall be paid out of the estate. And the court or chancellor may direct the
confinement of any person adjudged to be an habitual drunkard, habitual user of
cocaine, or opium or morphine, in a facility that treats alcohol or
substance abuse.

97-3-13.
Every person or officer who * * *
maliciously sends to or confines in a psychiatric hospital
or institution or other place, any sane person as a person with mental
illness, knowing the person to be sane, shall be guilty of a felony,
and, on conviction, shall be punished by a fine of not more than Five Hundred
Dollars ($500.00), or by imprisonment in the Penitentiary not more than one (1)
year, or in the county jail not more than six (6) months.

97-9-25.
It shall be unlawful for any person, firm, copartnership, corporation or
association to knowingly entice, harbor, employ, or aid, assist or abet in the
escape, enticing, harboring or employment of any delinquent, person with
mental illness, person with mental retardation or incorrigible person
committed to, or confined in any institution maintained by the state for the
treatment, education or welfare of delinquent persons, persons with mental
illness, persons with mental retardation or incorrigible * * * persons. Any person violating the provisions of this
section, upon conviction, shall be punished by a fine of not less than
Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or
imprisonment in the county jail for not less than thirty (30) days, nor more
than ninety (90)days, or both.

99-13-3.
When any prisoner or any person charged with a crime or delinquency is
brought before any conservator of the peace, and in the course of the
investigation it * * *
appears that the person was insane when the offense was committed
and still is insane, or was a person with mental retardation to such an
extent as not to be responsible for his or her act or omission at the time when
the act or omission charged was made, he shall not be discharged, but the
conservator of the peace shall remand the prisoner to custody and immediately
report the case to the chancellor or clerk of the chancery court, whose duty it
shall be to proceed with the case according to the law provided for persons of
unsound mind or * * *
persons with mental retardation.

99-13-5.
When any person is held in prison or on bail, charged with an offense,
and the grand jury does not find a true bill for reason of insanity of
the accused or for reason of the mental retardation of the accused,
which they judge to be such that he or she was not responsible for his acts or
omissions at the time when the act or omission charged was committed or made,
the grand jury shall certify the fact to the circuit court and shall state
whether or not the insane * * *
person or person with mental retardation is a danger to the security
of persons and property and the peace and safety of the community, and if the
grand jury reports that insanity or mental retardation and that
danger, the court shall immediately give notice of the case to the
chancellor or to the clerk of the chancery court, whose duty it shall be to
proceed with the insane person and his estate or the person with
mental retardation according to the law provided in the case of persons of
unsound mind or * * *
persons with mental retardation.

99-13-7.
When any person is indicted for an offense and acquitted on the
ground of insanity, the jury rendering the verdict shall state in the
verdict that ground and whether the accused has since been restored
to his sanity and whether he is dangerous to the community. * * * If the jury certifies that the
person is still insane and dangerous, the judge shall order him to be
conveyed to and confined in one (1) of the state psychiatric hospitals or
institutions.

99-13-9.
When any person is indicted for an offense and acquitted on the
ground of mental retardation, the jury rendering the verdict shall state
in the verdict that ground and whether the accused constitutes a danger
to life or property and to the peace and safety of the community.If the jury certifies
that the person with mental retardation is dangerous to the peace
and safety of the community or to himself, the court shall immediately
give notice of the case to the chancellor or the clerk of the chancery court,
whose duty it shall be to proceed with the person according to the law
provided in the case of * * *
persons with mental retardation, the * * * person with mental retardation himself being
remanded to custody to await the action of the chancery court.

99-19-57.
(1) If the Commissioner of
Corrections * * * at any
time is satisfied that any female offender in his custody under
sentence of death is pregnant, he shall summon a physician to inquire into the
pregnancy. The commissioner shall
summons and swear all necessary witnesses and the commissioner after full
examination shall certify under his hand what the truth may be in relation to
the alleged pregnancy, and in case the offender is found to be
pregnant, the commissioner shall immediately transmit his findings to the
Governor, and the Governor shall suspend the execution of the sentence until he
is satisfied that the offender is not or is no longer pregnant. The Governor shall then order, by his
warrant to the commissioner, the execution of the offender on a day to
be * * * appointed by the
Governor according to the sentence and judgment of the court.

(2)
(a) If it is believed that an
offender under sentence of death has become mentally ill since the
judgment of the court, the following shall be the exclusive procedural and substantive
procedure. The offender, or a
person acting as his next friend, or the Commissioner of Corrections may file
an appropriate application seeking post-conviction relief with the Mississippi
Supreme Court. If it is found that the offender
is a person with mental illness, as defined in this subsection, the
court shall suspend the execution of the sentence. The offender shall then be committed to the forensic unit
of the Mississippi State Hospital at Whitfield. The order of commitment shall require that the offender be
examined and a written report be furnished to the court at that time and every
month thereafter, stating whether there is a substantial probability
that the offender will become sane under this subsection within the
foreseeable future and whether progress is being made toward that goal. If at any time during the commitment,
the appropriate official at the state hospital * * * considers the offender to be sane
under this subsection, the official shall promptly notify the court to
that effect in writing and place the offender in the custody of the
Commissioner of Corrections. The court then
shall * * * conduct a
hearing on the sanity of the offender.
The finding of the circuit court is a final order appealable under the
terms and conditions of the Mississippi Uniform Post-Conviction Collateral
Relief Act.

(b)
For the purposes of this subsection, a person shall be deemed to be a
person with mental illness if the court finds that the offender
does not have sufficient intelligence to understand the nature of the
proceedings against him, what he was tried for, the purpose of his punishment,
the impending fate that awaits him, and a sufficient understanding to
know any fact that might exist that would make his punishment
unjust or unlawful and the intelligence requisite to convey that
information to his attorneys or the court.

99-38-9.
(1) The Treasurer shall make
payments from an escrow account established under Section 99-38-5 to the
accused or convicted person in whose name the account was established upon the
order of a court of competent jurisdiction, after a showing by the
person that those monies will be used for the exclusive purpose
of retaining legal representation at any stage of any criminal proceedings
against the person, including the appeals process.

(2)
Whenever it is found that a person accused of a crime is unfit to
proceed as a result of mental illness because the person lacks
the capacity to understand the proceedings against him or to assist in his own
defense, the Treasurer shall bring an action of interpleader to determine
disposition of the escrow account. For
the purposes of this chapter, a person found not guilty by reason of insanity
shall be deemed to be a convicted person.

(3)
Except as otherwise provided in subsection (4) of this section, upon
dismissal of charges or acquittal or subsequent exoneration of any person
accused of an offense arising out of the same circumstances that led to
the establishment of an escrow account under this chapter, the Treasurer shall
immediately pay over to the accused person, his legal representative,
assignee, beneficiary or heirs at law the monies in the escrow account
established on his or their behalf.
Except as otherwise provided in subsection (4) of this section, upon a
showing that the accused person has been convicted or has pleaded guilty to an
offense for which an escrow account has been established under this chapter and
that one (1) year has elapsed from the time of establishment of the
escrow account, and that no civil actions are pending under the provisions of
subsection (2) of Section 99-38-7, the Treasurer shall immediately transfer all
monies in the escrow account established in the name of the accused person,
less such costs and expenses as the Treasurer incurs in the administration of
the account, to the Criminal Justice Fund created in Section 99-19-32.

(4)
Notwithstanding the provisions of subsection (3), upon a showing that one
(1) year has elapsed from the time of the establishment of the escrow
account and that no civil actions are pending under the provisions of Section
99-38-7(2), and upon a showing that the accused in whose name the account is
established is the parent of one or more minor children and that the minor
children are in need of financial support, the chancery court of the district
in which the minor children reside may order the Treasurer to pay over an
amount set by the court for the support of those children until they
reach the age of majority. Upon order
of the court, the Treasurer shall pay the specified amount to a guardian
appointed by the court for the use and benefit of the minor children. In no event shall the total amount to be
paid for the support of any minor children of the accused in whose name the
account is established exceed the amount of money in the account at the time
the court issues its order.

(5)
The Treasurer shall be authorized to promulgate such rules and
regulations as may be necessary to carry out the provisions of this
chapter.

99-39-23.
(1) If an evidentiary hearing is
required, the judge may appoint counsel for a petitioner who qualifies
for the appointment of counsel under Section 99-15-15.

(2)
The hearing shall be conducted as promptly as practicable, having regard
for the need of counsel for both parties for adequate time for investigation
and preparation.

(3)
The parties shall be entitled to subpoena witnesses and compel their
attendance, including, but not being limited to, subpoenas duces tecum.

(4)
The court may receive proof by affidavits, depositions, oral testimony
or other evidence and may order the prisoner brought before it for the hearing.

(5)
If the court finds in favor of the prisoner, it shall enter an
appropriate order with respect to the conviction or sentence under attack, and
any supplementary orders as to rearraignment, retrial, custody, bail,
discharge, correction of sentence or other matters that may be necessary and
proper. The court shall make specific
findings of fact, and state expressly its conclusions of law, relating to each
issue presented.

(6)
The order as provided in subsection (5) of this section or any order
dismissing the prisoner's motion or otherwise denying relief under this article
is a final judgment and shall be conclusive until reversed. It shall be a bar to a second or successive
motion under this article. Excepted
from this prohibition is a motion filed under Section 99-19-57(2),
raising the issue of the offender's supervening mental illness before
the execution of a sentence of death. A
dismissal or denial of a motion relating to mental illness under Section
99-19-57(2) shall be res judicata on the issue and shall likewise bar any
second or successive motions on the issue.
Likewise excepted from this prohibition are those cases in which the
prisoner can demonstrate either that there has been an intervening decision of
the Supreme Court of either the State of Mississippi or the United States that would have actually adversely
affected the outcome of his conviction or sentence or that he has evidence, not
reasonably discoverable at the time of trial, which is of such nature that it
would be practically conclusive that, if it had * * * been introduced at trial, it would have
caused a different result in the conviction or sentence. Likewise excepted are those cases in which
the prisoner claims that his sentence has expired or his probation, parole or
conditional release has been unlawfully revoked.

(7)
No relief shall be granted under this article unless the prisoner proves
by a preponderance of the evidence that he is entitled to the relief.

(8)
Proceedings under this section shall be subject to the provisions of
Section 99-19-42.

(9)
In cases resulting in a sentence of death and upon a determination of
indigence, appointment of post-conviction counsel shall be made by the Office
of Capital Post-Conviction Counsel upon order entered by the Supreme Court
promptly upon announcement of the decision on direct appeal affirming the
sentence of death. The order shall
direct the trial court to immediately determine indigence and whether the
inmate will accept counsel.

99-39-27.
(1) The application for leave to
proceed in the trial court filed with the Supreme Court under Section 99-39-7
shall name the State of Mississippi as the respondent.

(2)
The application shall contain the original and two (2) executed copies
of the motion proposed to be filed in the trial court together with such other
supporting pleadings and documentation as the Supreme Court by rule may
require.

(3)
The prisoner shall serve an executed copy of the application upon the
Attorney General simultaneously with the filing of the application with the
court.

(4)
The original motion, together with all files, records, transcripts and
correspondence relating to the judgment under attack, shall promptly be
examined by the court.

(5)
Unless it appears from the face of the application, motion, exhibits and
the prior record that the claims presented by those documents are not procedurally barred under Section 99-39-21
and that they further present a substantial showing of the denial of a state or
federal right, the court shall by appropriate order deny the application. The court may, in its discretion, require
the Attorney General upon sufficient notice to respond to the application.

(6)
The court, upon satisfaction of the standards set forth in this
article, is empowered to grant the application.

(7)
In granting the application the court, in its discretion, may:

(a)
Where sufficient facts exist from the face of the application, motion,
exhibits, the prior record and the state's response, together with any exhibits
submitted with those documents, or upon stipulation of the parties,
grant or deny any or all relief requested in the attached motion.

(b)
Allow the filing of the motion in the trial court for further
proceedings under Sections 99-39-13 through 99-39-23.

(8)
No application or relief shall be granted without the Attorney General
being given at least five (5) days to respond.

(9)
The dismissal or denial of an application under this section is a final
judgment and shall be a bar to a second or successive application under this
article. Excepted from this prohibition
is an application filed under Section 99-19-57(2), raising the issue of the offender's
supervening mental illness before the execution of a sentence of
death. A dismissal or denial of an
application relating to mental illness under Section 99-19-57(2) shall
be res judicata on the issue and shall likewise bar any second or successive
applications on the issue. Likewise
excepted from this prohibition are those cases in which the prisoner can
demonstrate either that there has been an intervening decision of the Supreme
Court of either the State of Mississippi or the United States that would
have actually adversely affected the outcome of his conviction or sentence or
that he has evidence, not reasonably discoverable at the time of trial, that
is of such nature that it would be practically conclusive that, if it had * * * been introduced
at trial, it would have caused a different result in the conviction or
sentence. Likewise exempted are those
cases in which the prisoner claims that his sentence has expired or his
probation, parole or conditional release has been unlawfully revoked.

(10)
Proceedings under this section shall be subject to the provisions of
Section 99-19-42.

(11)
Post-conviction proceedings in which the defendant is under
sentence of death shall be governed by rules established by the Supreme Court
as well as the provisions of this section.

41-19-103.
The Ellisville State School * * *
established by Chapter 210, Laws of Mississippi 1920, is recognized as
now existing and shall hereafter be known under the name of Ellisville State
School for the care and treatment of * * * persons with mental retardation. The school shall have the power to
receive and hold property, real, personal and mixed, as a body corporate. The school shall be under the direction and control of the State
Board of * * * Mental Health.

SECTION 45. The following shall be codified as Section 41-19-108, Mississippi
Code of 1972:

41-19-108. With funds provided by the Legislature, by direct appropriation
or authorized bond issue, with federal matching funds, or with any other
available funds, the Bureau of Building, Grounds and Real Property Management
may construct and equip the necessary residential and service buildings and
other facilities to care for the residents of Ellisville State School. The general design of the school and all
construction plans shall be approved and recommended by the State Department of
Mental Health.

SECTION 46. The following shall be codified as Section 41-19-112, Mississippi
Code of 1972:

41-19-112. Ellisville State School shall be administered by the State Board
of Mental Health. Provisions relating
to the admission and care of residents at the school shall be promulgated by
the board.

SECTION 47. The following shall be codified as Section 41-19-114, Mississippi
Code of 1972:

41-19-114. Persons admitted to Ellisville State School shall be assessed
support and maintenance costs in accordance with the provisions of the state
reimbursement laws as they apply to other state institutions.

SECTION 48. The following shall be codified as Section 41-19-116, Mississippi
Code of 1972:

41-19-116. Any person who (a) knowingly and unlawfully or improperly causes
a person to be adjudged to be a person of mental retardation, (b) procures the
escape of a legally committed resident or knowingly conceals an escaped legally
committed resident of Ellisville State School, or (c) unlawfully brings any
firearm, deadly weapon or explosive into the school or its grounds, or passes
any thereof to a resident, employee or officer of the school, is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not less than
Fifty Dollars ($50.00), nor more than Two Hundred Dollars ($200.00),
imprisonment for not less than six (6) months, or both.

SECTION 49. The following shall be codified as Section 41-19-118, Mississippi
Code of 1972:

41-19-118. Ellisville State School is designated as a state agency for
carrying out the purposes of any act of the Congress of the United States, now
existing or at any time hereafter enacted, pertaining to mental retardation.